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Public Procurement Regulation in (a) Crisis? Global Lessons from the COVID-19 Pandemic

Public Procurement Regulation in (a) Crisis? Global Lessons from the COVID-19 Pandemic

Author: Sue Arrowsmith; Luke R.A. Butler; Annamaria La Chimia; Christopher Yukins
Publisher: Hart Publishing
ISBN: 9781509943074

Published In: May 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509943036

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Contents

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This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic.

Through both thematic chapters and national case studies, this book:

- explores the adequacy of traditional legal frameworks for emergency procurement - examines how governments and international organisations have responded specifically to the pandemic, and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly

Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery.

With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world's leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.

PART 1: INTRODUCTION

1. Public Procurement in (a) Crisis? General Introduction

Sue Arrowsmith (University of Nottingham, UK), Luke RA Butler (University of Nottingham, UK) and Annamaria La Chimia (University of Nottingham, UK)

PART 2: PUBLIC PROCUREMENT REGULATION IN EMERGENCIES: INTERNATIONAL AND GENERAL PERSPECTIVES

2. The Approach to Urgent Procurement in the UNCITRAL Model Law: A Critical Appraisal in the Light of the COVID-19 Pandemic

Sue Arrowsmith (University of Nottingham, UK)

3. Recommendations for Urgent Procurement in the EU Directives and GPA: COVID-19 and Beyond

Sue Arrowsmith (University of Nottingham, UK)

4. Regulating Single Source Procurement in Emergency Situations in the Light of the COVID-19 Pandemic: Issues in Policy and Practice

Luke RA Butler (University of Nottingham, UK)

5. The Challenges of Constructing a Supplier Review System for Urgent Procurement: An Analysis in the Context of the UNCITRAL Framework

Caroline Nicholas (UNCITRAL Secretariat) and Sue Arrowsmith (University of Nottingham, UK)

6. The EU's Joint Procurement Agreement in the Light of COVID-19: Learning the Correct Lessons from the Pandemic and Identifying Actions for Improvement

Aris Georgopoulos (University of Nottingham, UK)

PART 3: RELATED REGULATORY PERSPECTIVES

7. Competition Policy in Relation to Public Procurement: An Essential Element of the Policy Framework for Addressing COVID-19

Robert D Anderson (University of Nottingham, UK), William E Kovacic (UK Competition and Markets Authority) and Antonella Salgueiro (European Bank for Reconstruction and Development)

8. The Trade and Government Procurement Policy Nexus: Before and After the COVID-19 Pandemic

Simon J Evenett (University of St Gallen, Switzerland)

9. The Rise of Resilience in Addressing COVID-19 Procurement Challenges and the Impact of International Trade-Related Instruments on Countries' Freedom of Action

Peter Trepte (University of Nottingham, UK)

PART 4: DEVELOPMENT PERSPECTIVES ON PROCUREMENT IN THE PANDEMIC

10. Legal Aspects of the Procurement and Distribution of Critical COVID-19 Supplies by International Organisations: UNOPS

Benedetta Audia (United Nations Office for Project Services) and Ary Bobrow (United Nations Office for Project Services)

11. Procurement and Distribution of Critical COVID-19 Supplies by International Organisations: The World Bank

Shaun Moss (The World Bank Group)

12. Procurement and Distribution of Critical COVID-19 Supplies: The Experience of USAID

Jun Jin (USAID/Washington, USA) and Mary McLaughlin (USAID)

13. The Procurement of a COVID-19 Vaccine in Developing Countries: Lessons from the 2009-H1N1 Pandemic

Mark Eccleston-Turner (Keele University, UK) and Harry Upton (Keele University, UK)

PART 5: EMERGENCY PROCUREMENT AND RESPONSES TO COVID-19: COUNTRY STUDIES

14. Emergency Procurement and Responses to COVID-19: The Case of Italy

Gianluigi Albano (LUISS University, Italy) and Annamaria La Chimia (University of Nottingham, UK)

15. Emergency Procurement and Responses to COVID-19: The Case of the United Kingdom

Sue Arrowsmith (University of Nottingham, UK) and Luke RA Butler (University of Nottingham, UK)

16. Emergency Procurement and Responses to COVID-19: The Case of the US

Christopher R Yukins (George Washington University, USA)

17. Emergency Procurement and Responses to COVID-19: The Case of Brazil

Marçal Justen Filiho (Instituto Brasiliense de Direito Público, Brazil) and Cesar Pereira (Justen Pereira Oliveira & Talamini, Brazil)

18. Emergency Procurement and Responses to COVID-19: The Case of Colombia

Sebastien Barreto Cifuentes (Universidad Externado de Colombia)

19. Emergency Procurement and Responses to COVID-19: The Case of India

Sandeep Verma (Government of Rajasthan, India)

20. Emergency Procurement and Responses to COVID-19: The Case of Singapore

Henry Gao (Singapore Management University)

21. Emergency Procurement and Responses to COVID-19: The Case of China

Ping Wang (University of Nottingham, UK) and Ke Ren (Zhongnan University of Finance and Law, China)

22. Emergency Procurement and Responses to COVID-19 in Africa: The Contrasting Cases of South Africa and Nigeria

Geo Quinot (Stellenbosch University, South Africa), Sope Williams-Elegbe (Stellenbosch University, South Africa) and Kingsley Tochi Udeh (Baze University, Nigeria)

PART 6: BEYOND THE PANDEMIC

23. Emergency Procurement: The Role of Big Open Data

Mihaly Fazekas (Central European University, Hungary) and Alfredo Hernandez Sanchez (Barcelona Institute of International Studies, Spain)

24. The Experiences and Lessons of the COVID-19 Pandemic: Public Procurement Regulation in (a) Crisis?

Sue Arrowsmith (University of Nottingham, UK) and Luke RA Butler (University of Nottingham, UK)